Code of Civil Procedure, 1908–Order 22, Rules 4 & 9–Abatement of second appeal–Appreciation of–Suit for declaration of title and possession was instituted by claiming that the sole owner of the property was the grand father of plaintiff (first respondent)–Defendants claimed a joint interest in the suit property flowing from their father–First Appellate Court decreed the suit with the conclusion that the plaintiffs are the owners of the property–On non-substitution of the LR’s. of one of the defendants, the second appeal abated qua him–Findings up to the effect that he was the tenant of plaintiff, attained finality–If the second appeal is allowed to proceed, on it being allowed, possibility of conflicting and contradictory decrees in respect of the same subject matter can come into existence–Findings recorded by the High Court are justified.
